Colorado Springs fisherman Roger Hill has had repeated run-ins with Mark Warsewa, whose property spans the Arkansas River between Texas Creek and Cotopaxi. Hill likes to wade from public land nearby and fish in the river near Warsewa’s place.
“I own the bottom of the river,” said Warsewa, who bought the property in 2006.
Hill on Friday sued Warsewa in U.S. District Court, arguing the bottom of the river actually is public property. His lawyers point to a federal doctrine called “navigability for title,” which holds that if a waterway was used for commercial activity at the point of statehood, the state owns the stream bed and the public has access.
If Hill wins, the Arkansas River could be open for wade fishing through private land, and the standard could apply to just about every Colorado waterway. It also could resolve a thorny public-access issue that Colorado’s Western neighbors — New Mexico, Idaho, Montana, Wyoming and Utah — have cleared up in recent years.
LINK (via: Denver Post)